Written by attorneys · grounded in primary & secondary sources — see below
A treaty provision under the Paris Convention requiring member countries to register a trademark in the exact form in which it was registered in the country of origin without questioning its form.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Trademark Registration Accepted As Is
Tracy Torres registers her mark in France and seeks protection in the United States. The U.S. office accepts the mark exactly as filed in France under the applicable treaty rule even though the design differs from domestic norms. Tracy proceeds to enforce the mark without alteration.
Foreign Mark Enforced Without Change
Tori Taylor registers her logo in Germany and files in the United States. Officials accept the mark in its original form despite local stylistic preferences. Tori then licenses the unchanged mark to domestic users.
Court Takes Notice of Foreign Filing
Talia Torres files her mark in Canada and later sues in U.S. federal court. The court accepts the foreign registration form as conclusive for the U.S. filing. Talia obtains an injunction based on the unaltered mark.
Put it into practice
Test Yourself
10
Practice Questions5
Federal Rules
Uniform Acts
Model Codes
Common Law
Judge Recuses Over Mark Interest
Theo Thomas owns a stake in a company whose mark was registered abroad. The judge discloses the economic interest and steps aside from the infringement case. The proceeding continues before a new judge who applies the original foreign form.
Lease Allows Mark Use at Will
Tabitha Taylor leases space to a tenant who registers a mark abroad. The lease permits termination at will by either party with notice. The tenant maintains the mark in its original foreign form on the premises.
Intentional Act Transfers Mark Harm
Thomas Thompson intends to affect a third party with a mark but harms another instead. Liability attaches as if the intended party had been affected. The mark remains registered in its original foreign form throughout the dispute.
Common questions
Frequently Asked
1
What does the telle que provision require of member countries?+
It requires Paris Union countries to register a trademark exactly as registered in the country of origin without questioning its form.
Supporting sources
ContractsFormation of contracts · Contract formation and modification under the UCCNEXTGENIntermediate